(a) Except as limitedin subsection (b) below, by restrictions in any joint ordinance, and by othersupervening provisions of law, the Commission may make regulations applicableto High Rock Lake and its shoreline area concerning all matters relating to oraffecting the use of High Rock Lake. These regulations may not conflict with orsupersede provisions of general or special acts or of regulations of Stateagencies promulgated under the authority of general law. No regulations adoptedunder the provisions of this section may be adopted by the Commission exceptafter public hearing, with publication of notice of the hearing in a newspaperof general circulation in the two counties at least 10 days before the hearing.In lieu of or in addition to passing regulations supplementary to State law andregulations concerning the operation of vessels on High Rock Lake, theCommission may, after public notice, request that the Wildlife ResourcesCommission pass local regulations on this subject in accordance with theprocedure established by appropriate State law.
(b) Violation of anyregulation of the Commission commanding or prohibiting an act shall be a Class3 misdemeanor.
(c) The regulationspromulgated under this section take effect upon passage or upon such dates asmay be stipulated in the regulations except that no regulation may be enforcedunless adequate notice of the regulation has been posted in or on High RockLake or its shoreline area. Ordinances providing regulations for specific areasshall clearly establish the boundaries of the affected area by including a mapof the regulated area, with the boundaries clearly drawn, or by setting out theboundaries in a written description, or by a combination of these techniques. Adequatenotice as to a regulation affecting only a particular location shall be givenin the following manner. When an ordinance providing regulations for a specificarea is proposed, owners of the parcel of land involved as shown on the countytax listing, and the owners of land within 500 feet of the proposed area to beregulated, as shown on the county tax listing, shall be mailed a notice of theproposed classification by first‑class mail at the last addresses listedfor such owners on the county tax abstracts. This mailing requirement does notapply in regulations affecting the entire lake. Notice shall also be given by asign, uniform waterway marker, posted notice, or other effective method ofcommunicating the essential provisions of the regulation in the immediatevicinity of the location in question. Where a regulation applies generally asto High Rock Lake or its shoreline area, or both, there must be a posting ofnotices, signs, or markers communicating the essential provisions in at leastthree different places throughout the area, and it shall be printed in anewspaper of general circulation in the two counties.
(d) A copy of eachregulation promulgated under this section must be filed by the Commission withthe following persons:
(1) The Secretary ofState;
(2) The clerks ofsuperior court of Davidson and Rowan Counties;
(3) The ExecutiveDirector of the Wildlife Resources Commission; and
(4) The federal EnergyRegulatory Commission licensee for High Rock Lake.
(e) Any officialdesignated in subsection (d) above may issue certified copies of regulationsfiled with the official under the seal of the official's office. Such certifiedcopies may be received in evidence in any proceeding.
(f) Publication andfiling of regulations promulgated under this section as required above are forinformational purposes and is not a prerequisite to their validity if they infact have been duly promulgated, the public has been notified as to thesubstance of the regulations, a copy of the text of all regulations is in factavailable to any person who may be affected, and no party to any proceeding hasbeen prejudiced by any defect that may exist with respect to publication andfiling. Rules and regulations promulgated by the Commission under theprovisions of other sections of this Article relating to internal governance ofthe Commission need not be filed or published. Where posting of any sign,notice, or marker, or the making of other communication is essential to thevalidity of a regulation duly promulgated, it is presumed in any proceedingthat prior notice was given and maintained and the burden lies upon the partyasserting to the contrary to prove lack of adequate notice of any regulation. (1993,c. 355, s. 8; 1993 (Reg. Sess., 1994), c. 767, s. 27.)
(a) Except as limitedin subsection (b) below, by restrictions in any joint ordinance, and by othersupervening provisions of law, the Commission may make regulations applicableto High Rock Lake and its shoreline area concerning all matters relating to oraffecting the use of High Rock Lake. These regulations may not conflict with orsupersede provisions of general or special acts or of regulations of Stateagencies promulgated under the authority of general law. No regulations adoptedunder the provisions of this section may be adopted by the Commission exceptafter public hearing, with publication of notice of the hearing in a newspaperof general circulation in the two counties at least 10 days before the hearing.In lieu of or in addition to passing regulations supplementary to State law andregulations concerning the operation of vessels on High Rock Lake, theCommission may, after public notice, request that the Wildlife ResourcesCommission pass local regulations on this subject in accordance with theprocedure established by appropriate State law.
(b) Violation of anyregulation of the Commission commanding or prohibiting an act shall be a Class3 misdemeanor.
(c) The regulationspromulgated under this section take effect upon passage or upon such dates asmay be stipulated in the regulations except that no regulation may be enforcedunless adequate notice of the regulation has been posted in or on High RockLake or its shoreline area. Ordinances providing regulations for specific areasshall clearly establish the boundaries of the affected area by including a mapof the regulated area, with the boundaries clearly drawn, or by setting out theboundaries in a written description, or by a combination of these techniques. Adequatenotice as to a regulation affecting only a particular location shall be givenin the following manner. When an ordinance providing regulations for a specificarea is proposed, owners of the parcel of land involved as shown on the countytax listing, and the owners of land within 500 feet of the proposed area to beregulated, as shown on the county tax listing, shall be mailed a notice of theproposed classification by first‑class mail at the last addresses listedfor such owners on the county tax abstracts. This mailing requirement does notapply in regulations affecting the entire lake. Notice shall also be given by asign, uniform waterway marker, posted notice, or other effective method ofcommunicating the essential provisions of the regulation in the immediatevicinity of the location in question. Where a regulation applies generally asto High Rock Lake or its shoreline area, or both, there must be a posting ofnotices, signs, or markers communicating the essential provisions in at leastthree different places throughout the area, and it shall be printed in anewspaper of general circulation in the two counties.
(d) A copy of eachregulation promulgated under this section must be filed by the Commission withthe following persons:
(1) The Secretary ofState;
(2) The clerks ofsuperior court of Davidson and Rowan Counties;
(3) The ExecutiveDirector of the Wildlife Resources Commission; and
(4) The federal EnergyRegulatory Commission licensee for High Rock Lake.
(e) Any officialdesignated in subsection (d) above may issue certified copies of regulationsfiled with the official under the seal of the official's office. Such certifiedcopies may be received in evidence in any proceeding.
(f) Publication andfiling of regulations promulgated under this section as required above are forinformational purposes and is not a prerequisite to their validity if they infact have been duly promulgated, the public has been notified as to thesubstance of the regulations, a copy of the text of all regulations is in factavailable to any person who may be affected, and no party to any proceeding hasbeen prejudiced by any defect that may exist with respect to publication andfiling. Rules and regulations promulgated by the Commission under theprovisions of other sections of this Article relating to internal governance ofthe Commission need not be filed or published. Where posting of any sign,notice, or marker, or the making of other communication is essential to thevalidity of a regulation duly promulgated, it is presumed in any proceedingthat prior notice was given and maintained and the burden lies upon the partyasserting to the contrary to prove lack of adequate notice of any regulation. (1993,c. 355, s. 8; 1993 (Reg. Sess., 1994), c. 767, s. 27.)
(a) Except as limitedin subsection (b) below, by restrictions in any joint ordinance, and by othersupervening provisions of law, the Commission may make regulations applicableto High Rock Lake and its shoreline area concerning all matters relating to oraffecting the use of High Rock Lake. These regulations may not conflict with orsupersede provisions of general or special acts or of regulations of Stateagencies promulgated under the authority of general law. No regulations adoptedunder the provisions of this section may be adopted by the Commission exceptafter public hearing, with publication of notice of the hearing in a newspaperof general circulation in the two counties at least 10 days before the hearing.In lieu of or in addition to passing regulations supplementary to State law andregulations concerning the operation of vessels on High Rock Lake, theCommission may, after public notice, request that the Wildlife ResourcesCommission pass local regulations on this subject in accordance with theprocedure established by appropriate State law.
(b) Violation of anyregulation of the Commission commanding or prohibiting an act shall be a Class3 misdemeanor.
(c) The regulationspromulgated under this section take effect upon passage or upon such dates asmay be stipulated in the regulations except that no regulation may be enforcedunless adequate notice of the regulation has been posted in or on High RockLake or its shoreline area. Ordinances providing regulations for specific areasshall clearly establish the boundaries of the affected area by including a mapof the regulated area, with the boundaries clearly drawn, or by setting out theboundaries in a written description, or by a combination of these techniques. Adequatenotice as to a regulation affecting only a particular location shall be givenin the following manner. When an ordinance providing regulations for a specificarea is proposed, owners of the parcel of land involved as shown on the countytax listing, and the owners of land within 500 feet of the proposed area to beregulated, as shown on the county tax listing, shall be mailed a notice of theproposed classification by first‑class mail at the last addresses listedfor such owners on the county tax abstracts. This mailing requirement does notapply in regulations affecting the entire lake. Notice shall also be given by asign, uniform waterway marker, posted notice, or other effective method ofcommunicating the essential provisions of the regulation in the immediatevicinity of the location in question. Where a regulation applies generally asto High Rock Lake or its shoreline area, or both, there must be a posting ofnotices, signs, or markers communicating the essential provisions in at leastthree different places throughout the area, and it shall be printed in anewspaper of general circulation in the two counties.
(d) A copy of eachregulation promulgated under this section must be filed by the Commission withthe following persons:
(1) The Secretary ofState;
(2) The clerks ofsuperior court of Davidson and Rowan Counties;
(3) The ExecutiveDirector of the Wildlife Resources Commission; and
(4) The federal EnergyRegulatory Commission licensee for High Rock Lake.
(e) Any officialdesignated in subsection (d) above may issue certified copies of regulationsfiled with the official under the seal of the official's office. Such certifiedcopies may be received in evidence in any proceeding.
(f) Publication andfiling of regulations promulgated under this section as required above are forinformational purposes and is not a prerequisite to their validity if they infact have been duly promulgated, the public has been notified as to thesubstance of the regulations, a copy of the text of all regulations is in factavailable to any person who may be affected, and no party to any proceeding hasbeen prejudiced by any defect that may exist with respect to publication andfiling. Rules and regulations promulgated by the Commission under theprovisions of other sections of this Article relating to internal governance ofthe Commission need not be filed or published. Where posting of any sign,notice, or marker, or the making of other communication is essential to thevalidity of a regulation duly promulgated, it is presumed in any proceedingthat prior notice was given and maintained and the burden lies upon the partyasserting to the contrary to prove lack of adequate notice of any regulation. (1993,c. 355, s. 8; 1993 (Reg. Sess., 1994), c. 767, s. 27.)
